Bill Text: NY A01346 | 2015-2016 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relates to segregated confinement.

Spectrum: Partisan Bill (Democrat 24-0)

Status: (Engrossed - Dead) 2016-05-19 - advanced to third reading cal.640 [A01346 Detail]

Download: New_York-2015-A01346-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1346--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
         Committee on Correction -- committee discharged, bill amended, ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the correction law, in relation to  segregated  confine-
         ment
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 23 of section 2 of the correction law, as added
    2  by chapter 1 of the laws of 2008, is amended to read as follows:
    3    23. "Segregated confinement" means the [disciplinary]  confinement  of
    4  an  inmate  in  a special housing unit or in a separate keeplock housing
    5  unit.  Special housing units and separate  keeplock  units  are  housing
    6  units that consist of cells grouped so as to provide separation from the
    7  general  population,  and may be used to house inmates confined pursuant
    8  to the disciplinary procedures described in regulations.
    9    S 2. The opening paragraph of subdivision 6  of  section  137  of  the
   10  correction  law, as amended by chapter 1 of the laws of 2008, is amended
   11  and two new paragraphs (g) and (h) are added to read as follows:
   12    Except as provided in paragraphs (d) [and], (e), (G) AND (H)  of  this
   13  subdivision,  AS  A  MEASURE  OF  LAST  RESORT,  the superintendent of a
   14  correctional facility, UNDER SUPERVISION OF THE COMMISSIONER,  may  keep
   15  any  inmate  confined  in  a cell or room, apart from the accommodations
   16  provided for inmates who are participating in programs of the  facility,
   17  for  such MINIMAL period as may be necessary for maintenance of order or
   18  discipline, but in any such  case  the  following  conditions  shall  be
   19  observed:
   20    (G) SEGREGATED CONFINEMENT IS PROHIBITED FOR THE FOLLOWING INMATES:
   21    (I) JUVENILES UNDER THE AGE OF TWENTY-ONE; AND
   22    (II) ANY PERSON WITH A MENTAL ILLNESS OR A DEVELOPMENTAL DISABILITY AS
   23  DEFINED IN SECTION 1.03 OF THE MENTAL HYGIENE LAW.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06018-03-5
       A. 1346--A                          2
    1    (H) THE COMMISSIONER SHALL COMPILE AND PUBLISH COMPREHENSIVE DISAGGRE-
    2  GATED  DATA  ON  THE  USE  OF  SEGREGATED CONFINEMENT, INCLUDING RELATED
    3  SUICIDE ATTEMPTS AND SELF-HARM, ON A QUARTERLY BASIS.
    4    S  3.  Subdivision 3 of section 138 of the correction law, as added by
    5  chapter 231 of the laws of 1975, is amended to read as follows:
    6    3. Facility rules shall be specific and  precise  giving  all  inmates
    7  actual  notice of the conduct prohibited. Facility rules shall state the
    8  range of disciplinary sanctions which can be imposed  for  violation  of
    9  each  rule  BUT  ANY SANCTION OF SEGREGATED CONFINEMENT SHALL BE FOR THE
   10  MINIMUM PERIOD NECESSARY FOR THE MAINTENANCE OF ORDER OR DISCIPLINE.
   11    S 4. This act shall take effect on the one hundred eightieth day after
   12  it shall have become a law.